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PAOIiS
!\tAI-TAI~A:;;HTRA ..\CT No. XXVIII OF 1'~').1. ",:'. fo",;wr to amend UIC Boll1\)ay
Ten:me;.' and AgriclIltllr:11 L:II\(Js Act, J94:1. the dydcnibaJ Tcnancy 1\nd Agricultunll
L:md,; Act, 1950 11i\(! the IJombny TcH\mcy and Agricultural Lands (Vidarbba RI~gion)
Act, 1958. .. .. 207-211
~ .
The following Act of the Mah:nashtra Legislatllre having been assented to by
the GOVf'rnOI on the 28th April 1994 is hereby published fol' general informatioIl.'
J?RA TIMA UMARJI, .'
JointSecretary to the Government
of Maharasbtra,
_m______- Law and Judiciary Department.
MAHARASHTRA ACT" No. XXVIII OF 1994~
~
I' (First published; after having /'q:eived the assent of the Governor, in the "Maharashtra
~ Government Gazette" on the 28th April, 1994).
> :
An Act further to-amcnd the Bombay Tenancy and Agricultural Lands Act, 1948, tho
Hydembad Tenancy and Agricultural Lands Act, 1950and the Bombay Tcnancy
and Agricultural LDnds(Vidarbha Region) Act, 1958.

WHEREAS both Houses of the State Legi~Iuture were not in session;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstance6
'existed which ren}.iered it necessary for him to take immediate action further to amend
Born. LXVIIthe Bombay Tenancy and Agricultural Lal'DSAct, 1948, the Hyderabad Tenancy and
of 1948. Agricultur",l Lands Act, 1950 and the Bombay Tcp.ancy and Agricultural lAnds
Hyd. XXI (Vidarbha Region) Act, 1958 and. therefore, promylgated the Maharashtra Tenancy
~~~:~crx
of J958.
and AgritulturaI Lands Laws (Amendment) Ordillaoce,
1994.
1994, on the 3rd February
Mah. Ord.
HI of 1994.
"q'J'1T
~ - '6~ (,\0\3)
'-
'>
 -~.- -.-:
~o~ 11~mOS;:;7[rH'Ff~'f'1I'q'~,
3im., ~fW:i ~~, n '\~14'ifT~9~, 1fT~1'\ 1 ~ [ 'm1T:qn:
:-
AND WHEREAS it isexpediellt to rcpkce th~ said Ordinance by an Act of the
State Legislature; It is hereby enacted in the Forty-ftfth Year of the' RCp~lblicor
India (is follows :-- .
Short~it)~ 1.. (1) This Act may b,~called the Maharashtra Tcn~nr;y and Agricllltl:lral Lands
commC~~t-Laws (Amendment) Act, 1994,
rnent. (2) It shall be deemed to have cOme into force
{
on the 3rd Febn!ary [994.
In ~erti 0n o
t
'

secIon 63 -l Af 2. . After section 63-1 of the Bombay Tenancy :.~ndAgricultural

",' Lands Ac~, 1948 130m.
"Vll T

in Bern. (her,emafter referred to as " the Bombay Tenancy and AgrIcultural Lands. Act ), '-'i'
LXVII of the following section shan be inselicd, namel y :-- , I '):'"
V
1948, "" \..
Transfer to
'non-agri. "63-IA. (1) Notwithstanding anything contau1ed in section 63, it shall be
culturist for lawful for a person to fe.llland, without permission of the C011ector,to any person
bona-fide, who is or is not an. agriculturist and who inte11dsto convert the same to a bona fide
industr.ial . industrial use, where such land is located within,-
use.
i the indu.strial zolle of a draft or final regional plu.n or draft interim or
fmal eve opmen plan 01 d1dft or fiD~1town \)lanning scheme, as the case --"- ~
may 15e,prepared under. the Maharashtra Regiond ane; Town planning Act, Mall.
1966 or any other law for the time be,ing in force, or the agricultural 20:10of ~1'?'
. any of such plans or schemes and tbe de\{e1opment control regula1ions or H'les 19r~!
framed under such Act or any of "ueh laws permit industrial USe of land; or ".
(ii) the area where no such plan or scheme :1Saforesaid exi~ts : -.
Provided that, where the total extent of such Jand proposed to. be purchased
by a person exceeds ten hectares, he shaH obtain prior permission of the Deve-
lopment Commissioller (Industries) .or any other officer authorised by the
State Government ii1 this behalf, who, while granting such permission shalt
consider the jw;tification :)f reasonableness of the requireme'nt of t1,e land
proposed to he.purchased with refcren':'e to the nature of trie proposed bollafide
industrial use of such land:
..-/
. providedfurther that, snch purchase of land ehall be subject to tb e co ndi~on
that it shaH be put to industrial use witbin a period cf five years from tbc dqt6 of
.
purchase failir,g which the. person from whom the land is purc.based .
shall
.

.
\ have the right to repur~'hase the land at the price for which it was originally
sold:
Provided al~o that, where the land being sold is owned by a person belc.nging
to the Scheduled Tribe, such sale of land shall be subject to the provisions 'of
sections 36 and 36A of the Maharashtra Land Revenue Code, 1966 and of tile Ma~, (
Mabarashtra Restoration of Lands to Scheduled Tribes Act, 1974. ~9~6~
Mah.
XIV
of
. 1975.
(2) If, the land being purchased under sub-section (1) is held by Occupant-Class
') IT, the purchaser shall pay to the Collector, an amouot equal to two'per oent,of
the purchase price within one month of the execution of the sale deed irrespective
of the tenure of such land. This payment shall be in lieu of any nazarana or such
other chargef>which may otherwise be payable by such Occupant-Class II by
or under the provi:;ioDSof the Maharashtra Land Revenue Code, 1966.In adcti-Mu.h,
tion, the pllrchaberof such land sha11pay the non-<JgriculturalaSsessmentas may be x~~of
.
levied"by the Ccl!ector und('j"~ec1ioD$67 and 115of the Mah.~ra~htra Lnnd ~.
Revenue Cod~, 1966.'
~
xtI ~f
1966.
(3) The person purchasing the land under sub-section (J) fOf col'vcrsion thereof
for ;3 bona fide industrial use give intimation of the date, On which the .change
oftlser of the land cQ~nmenced,within thirty days from such date, to t;lt~Collector.
 ---,,~= --

",'0~~

~ or,
:w ,~,.. '",.; ~:~ ,,0, - "- .-:.
 ~9
.'
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I
[mrr:qr(
':...
Proyided further that, s].lchpurchase of land shall be subject to tIle condition
that it shall be put to an industrial use within a period of five yeflfs from the
, date of purchase; fa\ling which the person from whom the land is purchased
shall'have the right to repurchase the land at the price for wnich it was originally
sold: ' ,

Provided also that, where the land being sold belongs to a per~on belonging ~ah.
to the Scheduled Tr~be, such sale of land shall be subject to the provisions of ~LI
sections 36 and 36A ~[the Maharashtra Land Reve~ue Code, 1966 and of the 1966.
Maharashtra RestoratIOn of Lands to Scheduled TrIbes Act, 1974. Mah.
. xrv'
" '" of
1975.
. , '
(2) If the land to be purchased under sub-section (1) jsheld by OcCupant~Class IT,
the purchaser shall pay to the Collector~ an amount' equal to two per cent. of
the purchase price wjthin one month of the execution of the sale deed irrespective
of the tenure of such land. This payment shall 'be in lieu of any nazl'ana or such Mah.
other charges which may otherwise by payable by such Occupant-Class IT by or ~6 ot ...,.-
under t!\e provisions of the Maharashtra Land Revenue Code, 1966. In addition; ~ah'
the purchaser of such, land shall pay the non-agricultural assessment as may be' XLI~f
...........
levied by the Collector under sections 67 and 1-15of the Maharashtra Land, Revenue 1966.
Code, 1966. ' '

, (3) The person purchasing the land ulldyf sub-section (l} for conversion thereof
for a bona fide industrial use shall give intili'tation of the date, on which the change
of user of land commenced, withintbirty days from such date, to the Collector.
(4) If the person fails to inform the Collector within the period specified in sub- ...
-i
sectio!} (3), he shall be liable to pay in addition to the non-agri~ultural assessment
whi(:h may be leviable by or under the provisions of the, Maharashtra Land'
Reven,ue Code, 1966, such penalty not exceeding t\.yenty times tne amount of
non-agricultural assessment, as the Collector may, subject to the rules, if any, 1966()
f ~~.
made by the State Government in this behalf, ~irect. .
Explanation.-For the purposes of this section,-
, (a) the ,expression" bQnafide industrial use" ,means the activity of manu-
, facture, preservation or pr'ocessing of goods, or any handicraft, or industrial
business or enterprise, carried on by any person, ,and shall include construc-
tion of' industrial buildings use,d for the manufacturing process or purpose, or
,

power projects :lnd..anciilary industrial, usages like research and development,

godown, canteen, office-building of the industry concerned, or providing housing
accommodation to the workers of the- industry concerned, or establishment of
an industrial estate including a co-operative industrial estate, service industry,
cottage industry, gramodyogunits E>rgramodyogvasa/wis. '

(b) '" Scheduled Tribes" means such tribes or tribal communities or parts
of, or, groups within" such tribes or tribal communities as are deemed to be
Scheduled Tribes in relation to the State of Maharashtra under article 342 of
the ConstitutiQn of India arid persons, who belong to the tribes or tribal commu-
nities,or parts of, or groups within, tribes or tri\>a1 communities specified in
Part IX of the Schedule to the Order made under the said article 342, but who
are not resident in the localities, specified in that order who nevertheless need
,the protection'of this section (and it is hereby declared that they do need such
protection) shall, for the purposes of this section, bel3:eated in the same manner
as members of the Scheduled Tribes.". : ,';) '::"
'

. '.
,
" . ',," .. ..
Inse.rtionof .5. After section 89, of the Bombay Tenancy and Agricultural Lands (Vidarbha
s~o~A Region) Act, 1958 [hereinafterJeferred to as" the Bombay';Tenancyiand :Agricultural Bo~
x'bx ~r Lands (Vidarbha Region) Act "], the followingsection shall be:irtsertoo;namely :- ~?x
1958. ' 1951.
.'
'\
 ~>
I ~ W
~t3,r< ] ~"'" '""" """", "'"., ~ <. 1" /
'< <, l' 1\. ' 11 . / .
"89A. (1). Notwithstanding anything contained in section 89, it shall be lawful Transf~ to .
ror' a person to sell. land, .without pern!-ission of the Collector, to any person w~0~~i;~1~~CU1-
IS or IS not an agrIculturIst and who Intends to convert the same .to a bona1ide bona-fide'
industril;lluse,where such land is located within-- \ industrial
use..
(i) the industrial zone of a draft or' final regional plan or draft, interim or
final development plan or draft or final town planning scheme, as the case may
Mllh. be, .prepared under the Maharashtra Regional and Town Planning Act~ 1966 or
xxx- ;inyother Law for the time being in force; or the. agricultural zone of anyr-uch
VII of
plans or schemes and the q,evelopment coI;1trolregulations or rules framed under
~966.
- such Act or :JJJYof such laws permit industrial use of land; or
'I..

(ii) the area where no such plan or scheme as.aforcs,iid exists or :

Pi-Lvided that, where the total extent of such land propos\':d to be purchased
- by a person exceeds ten hectares, he ~hall obtam prior permission of the Deve- ,.
10pl.~J. Commissioner (Industries) or any other officer authorised by the State
GovCdJment in tbis behalf, who, while granting such permission, shall consider
the justification or .reasonableness of the requirement orthe land so proposed
. to be purchased with refereBce to the na ture of the proposed bona-fide indus-
trial use of such land: '. /

-Provided furtber that, suchpurcbase of land shall be subject to the condition

that it shall be put to industrial use within a period of five'ye~rs from the date
of purchase, failing whiQhthe person from whom the land is purchased shall have
the right to repurchase the land at the price for which it was originally,sold :
. . .
Provided also that, where the landbeir g sold is owned by a person belonging to
the Scheduled Tribe, such sale of land shall be subject to the provisions 'of
Mah. sections36 and 36A of the Maharashtra Land Revenu~ICode, 1966 and of the
XLI
of Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. .'
1966.-
Mah.
XIV of
1975.

(2) lfthe'land being purchased under 1mb-section(1) is held by Oc0upant-Class II,

the purchaser shall pay to the .Collector, au amount equal to two per cent.
of the purchase price within one month !of the execution of the sale deed irre-
spective of the tenure of such land. This payment shall be in lieu of any nazrana
or such other charge~ which D,1ayotherwise be payable by such Occupart-Class n
Mah.. by or under the provisions of the Maharashtra Land Revenue Code, 1966. In
XU of
1966. addition, the purchaser of such land shall pay the non-agricultural assessment
Mah. as may be levied by the Collector under sections 67 and 115 of the M.I.harashtra
XLI of Land Reven'tje Cqde, 1966.
1966.
. (3) The perSOll purchasiDg the'land under sub-section (1) for cofiver'liion thereof
for a bona-fide industria I use shall give intimation of the date, On which the change
oLuser of the laud commenced, within thirty days from such date to the Collector.

(4) If the person rails to inform the Collector within the period specified in
sub-.section (3), he shall be liable to pay in addition to th~ non-agticultural assess-
ment which may be leviable by or under. the provisions of the Mabarashtra Land
J1a~r' Revenue Code, 1966 sucb penalty nqt exceeding twenty times the amount of
196<s...~non-agricu1turalassessment, as the Collector may, subject to the rules, if any,
made by the State Governmcnt in this behalf, direct. . '

-~
 --

~'\~ ~ ~~, :m1T.,~ ~G, '\<?'<?'/~ G,~ '\~'\~. ['+f'PT

~
.. 0 ,..", --
Explanation.-For the purposes of this section,-
(a) the expres5ion "bona-jide industrial use" means the activity of manu-
facture, preservation or processing of goods, or any handicraft, or iI'dustrial
business or enterprise, carried on by any person,and shall include .construc-
tion of industrial buildings used for the manufacturing process or purpose, or
power projects and. ancillary indus!rial usages like research and developD;lent,
godown, canteen, office-bui1ding of the indU$try concerned or providing housing
accommodation to the workers of the industry concerned, or establishment of an
industrial estate including a co-operative industrial estate, service industry,
. cottage industry, gramodyog units or gramodyog v~sahats. ,'\
;~ ,.
. (b)" Scheduled Tribes" means such tribes or tribal communities Of parts
of, or groups within, such tribes or tribal communities as are deemed to be
Scheduled Tribes in rehtton to the Spate of Mahara.shtra under article 342
of the Constitutic.nof India arid persons, whc belong to the tribes or tribal ~.
communities, or parts of, or groups within, tribes or tribal communities specified ....
in Part IX of the Schedule to the Order m"de under the said article 342, but
who are not. resident in the localities specified in that Order who nevertheless ~
need the protection of this section (and it is hereby declared that they do need
'such protection) shall, for the purpo~es of this section, be treated in the sam~
manner as members of the Scheduled ".
Tribes.". .

Arnendmtint '6. 1n section 118 of the Bombay Temmcy and AgrIcultural Lands (Vidarbha
of sffs~f Region) Act,in sub-section (2), aft~r clause (xix), the following clause shall be ',..
Born.inserted', namely :- .
XCtxof ' " "
1958. " (xix-A) the ru~e~ subject to whIch the Collector may Impose penalt:, under
Sllb-section (4) of section 89 A ;". r

J-:ra.dr~: 7'0 (1) TheM8:harashtra Tenancy and Agricultural Lands Laws (Amendment)' i:ir~'
ill of 1994 Ordmance, ]994 ]s hereby,.repealed. 1f . ill or
rmd:laving. '. 1994.
(2) Notwithstanding such repeal, anything done, any action taken; ~r' any land
( transferred under the providons of Bombay Tenancy.and Agricultutral Lands Act,
Hyderabed Tenancy and Agricultural Lands Act, 1950 or the Bombay Tem\.ncy and Hyd.
"
AgricuJtural Lands (Vidarbha Region) Act as amended by the said 0] dinance,
shall be deemed to have been done, taken or transferred, as the case may b,~,'under 1950.
~
the respe('tive Acts, as af(lended by this Act.

1
~